Ravendra Singh And Another vs State Of U.P And Another

Vivek Kumar Singh, J

Heard Sri Vijay Bahadur, learned counsel for the applicants, Sri Abhinav Prasad, learned brief holder appearing on behalf of the State and perused the record.

It is submitted on behalf of the applicants that applicants are innocent and the present complaint case has been initiated against the applicants on false and frivolous facts with the sole ulterior motive. It is next submitted that there is various contradictions in the statement of the opposite party no.2 recorded under section 200 Cr.P.C. and the statement of the witnesses recorded under section 202 Cr.P.C. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. The applicants have not committed any offence as alleged. The police has not submitted charge sheet in the present case and applicants have definite apprehension of their arrest by the police. It is next submitted that there is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicants have no previous criminal antecedent to their credit.

Learned A.G.A. opposed the prayer for anticipatory bail.

Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicants have no criminal antecedent, the applicants are entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicants- Ravendra Singh and Bablu who are involved in Complaint Case No. 530 of 2018 (Gudiya v. Ravendra Singh and another), under Sections- 354-A, 323 IPC, Police Station- Quarsi, District- Aligarh, shall be released on anticipatory bail till conclusion of the trial, on their furnishing a personal bond of Rs. 50,000/- each with two sureties in the like amount to the satisfaction of the court concerned on the following conditions:-

(i) the applicants shall make themselves available for interrogation by a police officer/court concerned as and when required;

(ii) the applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iii) the applicants shall not leave India without the previous permission of the Court.

In default of any of the conditions mentioned above, the court concerned shall be at liberty to cancel the anticipatory bail granted to the applicants.

With the aforesaid observations/direction present Anticipatory Bail Application is disposed of.